Treatment of opposite sex inmates in prison

22.05.2018

Discussion As shown in Table 1, a large majority of the 50 states have enacted, in some form, poli- cies regarding transgender inmates that conform with the relevant provisions of the PREA of Maloney, ; Maggert v. Gropings and unwanted and unnecessary sexual contact by correctional staff further humiliate and victimize transgender inmates. Most correctional staff have very little, if any, education or training on how to recognize or classify an inmate as transgender Tarzwell, Angelone, ; Farmer v. The Ninth Circuit Court of Appeals ruled in favor of expanding legal protections to transgender individuals by adding gender identity to the concept of sex Colopy, ; Lloyd,

Noncompliance forfeiture does not apply to private correctional facilities. In the past, their status and needs have received little acknowl- edgement or attention mainly due to the lack of understanding of the issues they experience. First, access to care may be limited, or correctional staff may not refer transgender inmates for care, instead employing the use of protective custody. Correctional staff contribute to this victimization of transgender inmates. While in protec- tive custody, Farmer experienced the psychological trauma of being placed in isola- tion. As previously discussed, utilizing only the genitalia-based classification system does not provide a meaningful or accurate classification. She had told friends she would kill herself if sent to a male prison. In fact, this report is credited with establishing a con- gressional inquiry into the state of sexual assault in correctional facilities, prompting the creation of the PREA of and the National Prison Rape Elimination Commission, which PREA established Robinson, Lower federal and state courts have used these rulings to justify the restriction of the expan- sion of legal protections to transgender individuals who make claims of injustice or mistreatment within the prisons. PREA includes provisions limiting residential assignment based exclusively on anatomical classifications. Building upon prior research on the medical needs of transgender inmates, we sought to determine whether there were statutes concerning the following: Prison health practitioners may use these instruments, especially the SOC, for treat- ing transgender inmates who actually are, or believed to be, experiencing gender iden- tity disorder von Dresner et al. Typically they have received little, if any, treatment for their conditions, including diagnostics. Because there is little education and training around the issues faced by transgender people, the prison system, much like the free community, is ill-prepared to accommodate the needs of transgender inmates Tarzwell, A discussion of these issues surrounding transgender inmates, their medical needs and legal requirements, and compilation of the various approaches to dealing with transgender inmates should provide policymakers, prison administrators, and scholars with a better understanding of the current state of affairs. The use of administrative segregation3 or protective custody to protect transgender inmates from victimization is Routh et al. Berg, ; Farmer v. Currently, 39 states have started to address the unique situation that transgender inmates pose for the correctional system. The decision follows the deaths of two women in the past two months who had been sent to all-male jails. Clearly, the issue of transgender inmates is a complex one, with courts having pro- vided limited guidance until recently, and the Supreme Court having only tangentially dealt with the specific issues relevant to transgender inmates and their constitutional rights. Gender is a subjective assessment of an individual based on the expression of traits he or she exhibits and societal perception of whether that trait fits a normative, or stereo- typical, attribution of the expressed traits as male masculine or female feminine Lorber, However, serious medical issues can develop or worsen for transgender inmates in protective custody who do not receive proper medical care as, depending on their degree of transitioning or prior care, they may be in need of medical attention. The review will be coordinated by a senior MoJ official working with two independent advisers: Also, this inmate was left undressed in front of the other inmates going through the intake and classification process, some of whom made sim- ilar remarks. In turn, inmate genitalia, rather than gender identity, is used to clas- sify transgender inmates as male or female. Most controversial within the act was the grievance- exhaustion provision establishing that inmates exhaust all internal facility grievance procedures Buchanan,

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